chezt v's Studio Cards

[chezt]

Just wanted to start a thread to track my claim against Studio Cards. Posted Prelim Letter with charges spreadsheet yesterday ... watch this space!

[chezt]

Update ... Nothing to update! - No reply as yet

 

Just been looking into claiming back interest (service charge) charged on charges & have re-entered into a new spreadsheet ... makes a difference of just £9.05 extra (better in my pocket!) & od course it all adds up when the 8% int on top too .....

[chezt]

I'm getting brave now .. still no reply & I've decided to try for contractual interest (not compounded) instead of actual interest - I have drafted the following letter ready ...

 

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

 

Date

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXXXXX

 

I am very disappointed that you have failed to respond to my letter of the (Date)

I now understand that the regime of 'fees' which you have been applying to my account in relation to Administration Charges are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £155.80 plus £9.05 which you have charged me in service charges (credit charge/interest) for the sum which you have taken. Total £164.85. I am enclosing a revised copy of the schedule of the charges which I am claiming.

 

I calculate that you have applied £164.85 in levies and further, I also claim interest at a rate of 39.8% APR as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £289.83.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest at the rate outlined above plus my costs and without further notice.

 

Yours faithfully

 

 

chezt

 

Any comments?

[chezt]

Changed my mind! Gonna issue a revised prelim - don't wanna leave anything to chance ..... here it is -

 

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

 

(Date)

 

 

Revised request for repayment of charges

 

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXXXX

I am very disappointed that you have failed to respond to my letter of the (Date). While waiting for your response I have spent the time effectively, researching the issue of reclaiming charges. I now realise that I am entitled to add contractual interest to the whole of my claim. As I am substantially revising my request, and in the interests of fair play, please take this letter as a fresh preliminary request for repayment.

 

My request

I am writing to ask you to refund to me the charges which you have been applying to my account over the period (date) to (Date).

 

I now understand that the regime of fees which you have been applying to my account in relation to Late Fees are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £155.80 plus £9.05 which you have charged me in service charges (credit charge/interest) for the sum which you have taken. Total £164.85. I am enclosing a revised copy of the schedule of the charges which I am claiming.

 

I calculate that you have applied £164.85 in levies and further, I also claim interest at a rate of 39.8% APR as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your credit charge rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £289.65.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

 

chezt

 

Any comments??

[chezt]

Well I'm getting there - had a letter from Studio today with £160 in vouchers against my £155.80 charges! I will obviously be returning these & asking for a cheque as my account is zero & I don't plan on placing an order any time soon -

 

Anyway should be up to me how & where I spend MY money once I recieve it. They haven't refunded the £9.05 interest or the contractual interest I claimed in my revised letter but I think they probably crossed in the post - Will send a letter asking for a cheque including interest & see what happens ....

[chezt]

RECORDED DELIVERY

 

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

 

6th November 2006

Re: Account number XXXXXXXX

 

 

Response to settlement offer

 

 

 

Dear Mrs Newton

Thank you for your letter dated 2nd November 2006. It would appear that our letters have crossed in the post as I have since issued a revised request on 30th October 2006 claiming interest paid on charges and contractual interest to the whole of my claim. I am willing to accept the offer of £160.00, but not as a full and final settlement. I will however accept it as a partial payment of the full claim which I will pursue in Court if the total sum of my claim is not paid. Also, I request that payment be made by cheque not vouchers, therefore I am returning the vouchers you issued with this letter.

 

I trust this clarifies my position. I look forward to receiving your reply but as stated in my previous correspondence, should my request not be settled in full I will proceed with my letter before action on 13th November 2006. You are reminded that there will be no extension to this timescale.

 

 

Yours faithfully

 

 

 

 

chezt

Enc - £160 Studio Vouchers

 

 

Comments anyone - Does this sound ok ??

[SHERLOCK]

Hi Chez,

 

I have a small balance with Studio (£240.00) , but no statements, do you have a copy of your initial letter to Studio,

 

Regards

 

Sherlock

[chezt]

Hi Chez,

 

I have a small balance with Studio (£240.00) , but no statements, do you have a copy of your initial letter to Studio,

 

Regards

 

Sherlock

 

Here is a copy of my prelim letter ....

 

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

((Date))

Request for repayment of charges

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXX

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the period (Date) to (Date).

I now understand that the regime of fees which you have been applying to my account in relation to Administration Charges are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. This report was NOT limited to banking and credit card institutions.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £XX.XX. I enclose a schedule of the charges which I am claiming with this letter

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

 

chezt

 

I do actually have my statements to produce my schedule of charges - If you aren't sure of your charges you can use the letter in the library to request copies under the data protection act - you have to send £10 to cover costs tho - let me know if I can help again.

[chezt]

No comments received on my response to settlement letter so I posted it today recorded delivery with the vouchers enclosed ..... !?

[chezt]

Another letter today dated 7th November (so presumably before my response to settlement letter had been received)

 

I think it contradicts itself in two sentences & would like to know if anyone else agrees ...

 

'having investigated our records, it is cleat that you have chosen to pay your account by instalments and are therefore subject to the terms & conditions detailed in the credit agreement sent with your first order. As such any service charges are valid'

 

Then it goes on to say ...

 

'As we do not and have never entered into acredit agreement with you the charges you are claiming are unjustified however we will refund charges to the value of £24.93 for administration charges at interest at 8%'

 

Don't think this dept are good at letter writing & there is a distinct lack of commas ,,,,,??!!

I'm gonna write & accept part settlement again (no cq or vouchers enclosed this time so will have to check my account on line to see if it is now in credit) & will ask that this payment is made by cq -

 

any comments anyone??

[chezt]

Ought to add also that in their letters they also say 'In light of the recent OFT investigation we are currently reviewing our administration charges'

 

interesting ?!?!

[chezt]

Studio Cards & Gifts

Customer Services Department

Preston

PR20 2BP

 

Date

Re: Account number XXXXXX

Response to settlement offer

 

Dear XXXXXX

Thank you for your letter dated (Date) I respectfully decline your offer of £xx.xx as settlement and request, once again, that you return to me a cheque for the total sum of my claim, totaling £xx.xx at today’s date.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I trust this clarifies my position. I look forward to receiving your reply but as stated in my previous correspondence, should my request not be settled in full by cheque, I will proceed with my letter before action on 13th November 2006. You are reminded that there will be no extension to this timescale.

 

Yours faithfully

chezt

 

 

Comments please

[chezt]

Hey interesting ... just checked my online balance (which should be zero) & it say's £80 in credit??

[Innocenti]

I sent Studio the same prelim letter and I got £250 in vouchers. ( I was claiming back £247). Wasnt too happy with vouchers but as it is nearly Christmas I used the £250 in their catalogue. But I got my statements last week and I am £208 in credit (this was before I placed my order). So have I got vouchers AND credit? Guess I will soon find out when I send the vouchers in.

 

Will never use them again after this as their interest and charges were shocking!

[SHERLOCK]

Hi,

 

with regards initial approach, I see that Studio imply they do not give credit, and as such would you still be able to go the CCA (£1.00) route or is their another act that can be sent that doesn't require the £10.00 s.a.r.

 

Regards,

 

Sherlock

[Innocenti]

Sherlock I really wouldnt know as I am a hoarder and I keep everything to do with bills etc. I have all my statements and even my bank statements going back 7 years etc!

[chezt]

Hi,

 

with regards initial approach, I see that Studio imply they do not give credit, and as such would you still be able to go the CCA (£1.00) route or is their another act that can be sent that doesn't require the £10.00 s.a.r.

 

Regards,

 

Sherlock

 

I don't really understand this Q but if u mean to get copies of your statments etc surely this is under the data protection act they have to supply them? Just ignore me if I'm talking rubbish! lol

[chezt]

I sent Studio the same prelim letter and I got £250 in vouchers. ( I was claiming back £247). Wasnt too happy with vouchers but as it is nearly Christmas I used the £250 in their catalogue. But I got my statements last week and I am £208 in credit (this was before I placed my order). So have I got vouchers AND credit? Guess I will soon find out when I send the vouchers in.

 

Will never use them again after this as their interest and charges were shocking!

 

??!?!?!? Very interesting! I'd still sooner have the cheque as it's MY MONEY so I'll decide where I WANT TO spend it Also the stuff in there does tend to be quite expensive too - I like the personalised stuff tho

 

Let me know what happens with the vouchers etc tho ....:-|

[SHERLOCK]

Hi Chez,

 

its just that the template states CCA sections 77(1) and 78(1) and wasn't sure if this covered the supply of goods also (as opposed to cash!!)

 

ta

[chezt]

Hi Chez,

 

its just that the template states CCA sections 77(1) and 78(1) and wasn't sure if this covered the supply of goods also (as opposed to cash!!)

 

ta

 

Sherlock if you read the letter they sent me - the bit I posted about the 2 paragraphs contradicting - in one they say there is a credit agreement & in the other they say there isn't & this confuses me! I would send the request anyway as if they have given you credit & charged you interest at some point, then there must be a credit agreement somewhere - don't u think?

 

Soz If I'm totally misunderstanding u - I'm just on my way out with my 11mth old baby so must dash - be back on later - hope I've helped in someway?

[pebbles26]

I have an account with studio and sent my preliminary approach for repayment on the 1st november, had a letter dated the 6th november stating they will refund in full minus £20 that they had already refunded to me how quick is that:p

[SHERLOCK]

duplicate of post below, sorry

[SHERLOCK]

STUDIO seem very accommodating, but if someone can answer my question, I can get off a letter?

[chezt]

Hi Chez,

 

its just that the template states CCA sections 77(1) and 78(1) and wasn't sure if this covered the supply of goods also (as opposed to cash!!)

 

ta

 

Hi Sherlock - sorry I was in a rush earlier - Which letter are you looking at 'cos the SAR in the library does not mention any sections ...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=516

 

Also it's irrelevant about supply of goods as what you are asking for is data. Also you are only claiming back the charges which are unlawful so you are claiming back cash ... YOURS!

 

Does this help?

[chezt]

Well my deadline was up today to proceed to LBA & guess what?! I got a phonecall from customer services apologising & advising they are processing my cheque but as it's a very busy time of year it is a little delayed & they will get a cheque signatory asap - I said that I would accept payment no later than Sat 18th Nov & that I wanted to clear this up asap so prompt payment would be appreciated.

 

I have just e-mailed them to confirm my 'gesture of goodwill' and advised the full amount including interest up to Saturday 18th & that if the cheque wasn't with me by then that I would be proceeding with my LBA on the Monday ;-)

 

Checked my online account again & they have credited the £24.93 they offered in their last letter & it's still the other £80 in credit for refunded charges!

 

Keep watching for next installment!